Burlington Mills, Inc.

In the Matter of BURLINGTON MILLS, INCORPORATED, and NATIONAL COUNCIL OF GAS, COKE, AND CHEMICAL. WORKERS In the Matter of BURLINGTON 'MILLS, INCORPORATED and DISTRICT 50 UNITED MINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0., AND NATIONAL COUNCIL OF GAS, COKE AND CHEMICAL WORKERS Cases Nos. R-4072 and RE-45, respectively.-Decided August 190,194,0 Jurisdiction : felt products and canvas specialties manufacturing industry. Investigation and Certification of Representatives: existence of question : con- flicting claims of rival representatives ; designation of union as bargaining representative following a consent election held no bar to proceeding instituted 21/2 months later, where, union local in the meantime had transferred Its affiliation to another labor organization and majority-of the employees had in- dicated their desire to be represented by that organization ; election necessary. Unit Appropriate for Collective Bargaining : all production and maintenance employees, excluding' office workers: salaried' supervisors, and sales force ; stipulation as to Messrs. Miller, Mack c0 Fairchild, by Mr. Vernon A. Swanson, of Milwaukee, Wis., -for =the Company. Mr. W. 0. Sonnemann, of Milwaukee, Wis., for the, National Coun- cil of Gas, Coke, and Chemical Workers. Mr. Joseph J. Timko, of St. Paul, Minn., for District 50, U. M. W. A: Mr. George J. Hadjinoff, of counsel to the Board. DECISION AND DIRECTION OF ELECTION STATEMENT OF THE CASE Upon petitions duly filed by National Council of Gas, Coke, and Chemical Workers, herein called the National Council, and by Bur- lington Mills, Incorporated, Burlington, Wisconsin, herein called the Company, alleging that, a question affecting commerce had arisen con- cerning the representation of employees of the Company, the National Labor Relations Board provided for consolidation of these cases and for an oppropriate hearing upon due notice before Stephen M. Reynolds, Trial Examiner. Said hearing was held at Burlington, 43 N. L. R. B., No. 73. 426 BURLINGTON MILLS, I'N'CORPORATED 427 Wisconsin, on July 24, 1942. The Company, the National Council, and District 50, United Mine Workers of America, C. I. 0., herein called District 50, appeared, participated, and were afforded full op- portunity to be heard, to examine and cross-examine witnesses, and to introduce evidence bearing on the issues. The Trial Examiner's rul- ings made at the hearing are free from prejudicial error and are hereby affirmed. - Upon the entire record in the case, the Board makes the following: FINDINGS OF FACT I. TIIE BUSINESS OF THE COMPANY Burlington Mills, Incorporated, a Wisconsin corporation, is en- gaged at its plant at Burlington, Wisconsin, in the manufacture of It products and canvas specialties. Since the beginning of the war, the Company has been manufacturing equipment for the United States Army. During the _ calendar year 1941, the Company pur- chased raw materials amounting to approximately $600,000 in value, of which at least 66 percent was purchased outside the State of Wis- consin. During the same period, the Company's total sales amounted to approximately- $1,250,000, of which approximately 90 percent represents products sold outside the State of Wisconsin. The Com- pany admits that 'it is engaged 'in commerce within the meaning of the National Labor Relations Act. II.-THE ORGANIZATIONS INVOLVED District 50, United Mine Workers of America, is a labor organiza- tion, affiliated with the Congress of Industrial Organizations. Through its Local No. 12443, it admitted to membership employees of the Company. National Council of Gas, Coke, and Chemical Workers is an un- affiliated labor organization, admitting to membership through its locals, gas, coke, and chemical workers, including employees of the Company. III. THE QUESTION CONCERNING REPRESENTATION On April 23, 1942, District 50 filed with the Board a petition for investigation and certification of representatives of the employees of the Company. On May 7, 1942, pursuant to an agreement between the Company and District 50, approved by the Regional Director for the Twelfth '-Region, a consent election was held among the employees of the Company, and resulted in the designation of Dis- trict 50 as the bargaining representative for the employees of the 428 DECISIONS OF NATIONAL LABOR RELATIONS BOARD Company: District 50 thereafter, commenced collective bargaining negotiations with the Company through Joseph T. Timko, its Regional- Director, Ransom Reeder and Chester Walczak, its local representatives, and the bargaining committee. of Local No. 12443. A number of conferences were held at which a tentative agreement with the Company Was reached. The tentative agreement was reduced to writing by Timko and sometime in June 1942 was sub- mitted to the membership of the Local. Upon the unanimous ap- proval of the tentative agreement by the membership, it was pre- sented to the Company. At the time of the events hereinafter recited, the tentative agreement was still under consideration by the Com- pany, and had not been signed by the Company. On June 30, 1942, Reeder and Walczak severed their relationship with District 50 and on July 1, 1942, accepted employment with the National Council. Thereafter District 50 notified the Company that Reeder and Walczak no longer represented the District and that further negotiations with the Company would be conducted through new representatives. On July 8, 1942, the negotiating committee of Local No. 12443 adopted a resolution purporting to sever the local's affiliation with District 50 and to apply for a charter from the National Council and notified the Company of this action. Repre- sentatives of the Company stated that in view of the conflicting claims the Company would not meet with either group until the Board determined which of the organizations was entitled to con- tinue negotiations on behalf of the employees. At a meeting of the local held on the evening of July 8, 1942, the members present unanimously affirmed the action of its bargaining committee and the local applied-to-the National Council.for a charter. At the meeting of July 8 or subsequent thereto, 237 employees signed petitions expressly revoking the authority of District 50 to act as their bargaining representative and designating the National Council to act in their behalf.' Thereafter both the Company and the National Council filed petitions requesting an investigation, and certification of representatives. -District 50 contends that its selection at the secret ballot election of May 7, 1942, should preclude a present investigation and certifica- tion of representatives. While, as a general rule, the Board does not disturb a designation of bargaining representatives before 1 year from the date of an election, in the present case collective bargaining relations cannot be established without a determination of the repre- 'A report of the_Regional Director int,oduced into evidence indicates that of the 174 signatures attached to the petitions submitted to him, 171 appear to bear genuine signa- tures of persons whose names appear on the Company's pay roll of July 18, 1942. The Trial Examiner reported that of the petitions offered in evidence at the hearing, bearing 63 additional signatures, 56 appear to be the genuine signatures of persons on the same pay roll. There are approximately 370 employees in the appropriate unit. BURLINGTON MILLS, INCORPORATED- 429 sentation dispute. The tentative agreement will not be consummated until such time as this dispute is resolved. By union action Local No. 12443 has terminated its affiliation with District 50; it has ceased paying its per capita tax to District 50, and has surrendered its, charter to District 50. In addition, a majority of the employees have apparently indicated their desire to be represented by the National Council, whereas, so far as the record shows, there are no employees seeking to be. represented by District 50. The instant situation is somewhat analogous to that in Matter -of United Stove Company 2 where a local of the United Automobile Workers transferred its affiliation from the American Federation of Labor to the Congress of Industrial Organizations and substantially the entire membership of the local indicated their desire to be represented by.the Congress of Industrial Organizations. We there held that a contract existing between the local affiliated with the American Federation of Labor and the Company was not a bar to an investigation and certification. Similarly, we hold that the designation of _ District 50 on May 7, 1942, does not constitute a.bar to a present determination of repre- sentatives. We find that a question affecting commerce has arisen concerning the representation of employees of the Company, within the meaning of Section 9 (c) of the Act. IV. THE-APPROPRIATE UNIT` We find, in accordance with a stipulation by the parties, that all production and maintenance employees of the Company at its Bur- lington, Wisconsin plant, excluding office workers; salaried super- visors, and the sales force, constitute a unit appropriate for the pur- poses of collective bargaining within the meaning of Section 9 (b) of the Act. V. THE DETERMINATION OF REPRESENTATIVES We shall direct that the question concerning representatives which has arisen be resolved by an election by secret ballot among the em- ployees in the appropriate unit who were employed during the pay- roll period immediately preceding the date of the Direction of Elec- tion herein, subject to the limitations and additions set forth in the Direction. District 50 requests that in the event of an election, its name be placed on the ballot. We shall provide accordingly. 2 Matter of United Stove Company and International Union, United Automobile Workers of America, affiliated with the Congress of Industrial Organizations, 30 N. L. R. B. 305. 430 DECISIONS OF NATIONAL LABOR RELATIONS BOARD DIRECTION OF ELECTION - By virtue of, and pursuant to the power vested in the National Labor Relations Board by Section 9 (c) of the National Labor Re= lations Act and pursuant to Article III, Section 8, of National Labor Relations Board Rules and Regulations-Series 2, as amended, it is hereby DIRECTED that, as part of the investigation ordered by the Board to ascertain representatives for the purpose of collective bargaining with Burlington Mills, Incorporated, Burlington, Wisconsin, an elect tion by secret ballot shall be conducted as early as possible but not later than thirty -(30) days from the date of this Direction, under the direction and supervision of the Regional Director for the Twelfth Region, acting in this matter as agent for the National Labor Re- lations Board and subject to Article III, Section 9, of the said Rules and Regulations, among the employees in the unit found appropriate in Section IV, above, who were employed during the pay-roll period immediately preceding the date of this Direction, including any such employees who did not work during said 'pay-roll period because they were ill or on vacation or in the active military service or training of the United States, or temporarily laid off, but excluding any who have since quit or been discharged for cause, to determine whether they desire to be represented by the National Council of Gas, Coke, and Chemical Workers, or by District _50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining, or by neither. CHAIRMAN MthLIs took no part in the consideration of the above Decision and Direction of Election. 0 0 In the Matter of BURLINGTON MILLS, INCORPORATED, and NATIONAL COUNCIL OF GAS, COKE, AND CHEMICAL WORKERS In the, Matter of BURLINGTON MILLS, INCORPORATED, and DISTRICT 50, UNITED MINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. O., AND NATIONAL COUNCIL OF GAS, COKE AND CHEMICAL WORKERS Cases Nos. R-4.07 and RE-45. respectively AMENDMENT TO DIRECTION OF ELECTION -August 31, 1,942 On August 20, 1942, the National Labor Relations Board, herein called the Board, issued a Decision and Direction of Election in the above-entitled proceedings. The Board, having been advised that District 50, United Mine Workers of America, affiliated, with the C. I. 0., does not desire to appear. upon the ballot, HEREBY AMENDS the Direction of Election by striking. therefrom the words, "to determine whether they desire to be represented by the National Council of Gas, Coke, and Chemical Workers, or by District 50, United Mine Workers of America, affiliated with the Congress of Industrial Organizations, for the purposes of collective bargaining,. or by neither"; and substituting therefor the words, "to determine whether or not they desire to be represented by National Council of Gas, Coke, and Chemical-Wor-kers for the purposes of collective bar- gaining." CHAIRMAN MILLIS took no part in the consideration of the above Amendment to Direction of Election. 1 43 N L R B 426 43 N L. R B., No. 73a. 431 In the Matter of BURLINGTON MILLS, INCORPORATED and NATIONAL COUNCIL OF GAS,, COKE, AND CHEMICAL WORKERS BURLINGTON MILLS; INCORPORATED and DISTRICT 50 UNITED MINE WORKERS OF AMERICA, AFFILIATED WITH THE C. I. 0., AND NATIONAL COUNCIL OF-GAS, COKE AND CHEMICAL WORKERS Cases Nos. R-4072 and RE-45, respectively ORDER PERMITTING WITHDRAWAL OF PETITIONS September 4,194 The Board having on August 20, 1942, issued a Decision and Direc- tion of Election' and on August 31, 1942, an Amendment to Direction of Election 2 in the above-entitled cases, and; thereafter, National Council of Gas, Coke, and Chemical Workers having requested per- mission to withdraw its petition filed in Case No. R-4072; Burlington Mills, Incorporated having requested permission to withdraw its peti- tion in Case No. RE-45, and the Board having duly considered the matters, IT IS HEREBY ORDERED that the requests of the petitioners for permis- sion to withdraw the petitions in Cases Nos. R-4072 and RE. 45 be, and they hereby are, granted, and that the aforesaid cases be, and they hereby are, closed. 0 43 N L "R B 426 .2 43 N. L R. B. 431. - 43 N.-L:• It. B ; No. 73b. 432